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http://www.archive.org/details/mmkovalevskyOOpasv 



M. M. KOVALEVSKY 



BY 



LEO PASVOLSKY 

Editor oi The Russian Review. 



{Reprinted from The Russian Review, Vol. I, No. 5, 
June, 1916) 



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M. M. KOVALEVSKY. 
(1851-1916.) 



Ill<2.54 M. M. Kovalevsky. 

V By Leo Pasvolshy. 

I. 



k-T-R 



Not since the death of Tolstoy has Russia sustained so 
great a loss as she did when Maxim Maximovich Kovalevsky 
ceased to be. Russia and the rest of Europe are passing now 
through a bloody period in their history, when human life seems 
to have lost all value, when men are swept away by thousands 
and even millions. The living have become accustomed to this 
elemental sway that death holds in the most intimate relations 
of their life. But all these millions of individual deaths are of 
more or less local concern; the report of each one of them car- 
ries the grim message of misfortune only to some one corner 
of the countries plunged into madness. The death of Kovalev- 
sky, like the death of Tolstoy, is not of merely local concern. 
Deaths like these arouse the whole nation, from one end to the 
other, throughout all the social strata. And not the nation 
alone, but the whole world. 

There was much in common between these two intellectual 
giants of Russia, no matter how different they were in so many 
respects. Each of them typified Russia in his own way. Each 
loved Russia with his whole heart; devoted to his native land 
every thought, every feeling. Each, through his achievements, 
rendered his country inestimable service by raising her higher 
amongst the nations of the world, higher in that most precious 
of all attainments: intellectual achievement. Each was widely 
known and generally loved. And the death of each was a blow 
that brought deep pain, poignant regret, a heavy sense of per- 
sonal bereavement to millions of hearts. 

Objectively, in their relations with others and with every- 
thing about them, they had much in common; but subjectively, 
they were different. Tolstoy represented the soul of Russia, the 
ever-seeking, ever-striving, never-contented soul, full of true 



mysticism, that seeks and yearns for the absolute solution of 
the world's problems, that reaches out for the ultimate, and, 
never attaining it, perishes in the quenchless flames of its 
mighty quest. Kovalevsky typified the intellect of Russia, the 
vast, the many-sided, interested in everything, eager to under- 
stand everything, projecting itself into the innermost secrets 
of nature, into her every realm, ever analyzing, ever striving to 
reach the great synthesis that would crown its quest, and also 
perishing in the mighty flames of its ceaseless activity. 

Death overtook Tolstoy when he was just about to embark 
upon a new quest for spiritual truth ; it stilled his quivering soul 
when it was just beginning to break the fetters of what he con- 
sidered spiritual thralldom. Kovalevsky's mighty intellect ceased 
its tireless labors while still busily engaged in its marvelous activ- 
ity. What he considered his solemn duty before science and before 
his people was more important in his own mind than the ques- 
tion of his health, which finally refused' to withstand the terrific 
strain to which the tireless brain and the indomitable will of 
the scientist subjected it. 

And each of these giants, their minds clear to the very end, 
succeeded in crystallizing the tremendous masses of thoughts 
and ideas and experiences that constituted their spiritual and 
intellectual being into small, priceless pearls — the last words 
they pronounced on their death beds. 

A few minutes before his death, in that small railroad sta- 
tion which for a time attracted the gaze of the whole world, 
Tolstoy pronounced his last great words, "the soft, sad, gentle 
final chord of a great symphony," as Kuprin has called it: "The 
hero of my story, whom I love with my whole soul, whom I have 
attempted to reproduce in all his beauty, and who has always 
been, is, and ever will be beautiful, is truth." The great thinker's 
whole philosophy of life, so simple, so beautiful, yet so fraught 
with the mighty significance of his ceaseless quest, is in the 
one little sentence that his lips whispered a few minutes before 
death sealed them forever. 

Kovalevsky's last words, too, are so expressive of his whole 
life, so ail-inclusively descriptive of his; whole activity, that they 



are really a summary of everything he thought and said and did 
during the decades of his scientific and public life. To the few 
friends who were at his bed-side, to those loving hearts tor- 
tured by the maddeningly painful realization of the inevitable, 
he gave his last precept: "Love liberty, and equality, and 
progress." 

All his life Kovalevsky marched under a standard, upon 
which were inscribed those great words. All his life he followed 
them unflinchingly, and with them carried new ideas, new in- 
spirations to those around him. All his life was spent for the 
vindication of these fundamental values of human life, for the 
disclosing of their sterling worth to his countrymen. These 
three great principles, which lie at the basis of the highest 
civilization that the world has reached in its evolution, the 
Aryan civilization of the West, were not welcome guests in 
Russia during the greater part of Kovalevsky's career. But they 
were his creed in life, his great guiding star, which he had fol- 
lowed to the West, outside of the boundaries of his dearly be- 
loved native land — an exile for over two decades. During 
this whole period he did everything in his power to make those 
mighty principles /?ersonfiae gratae in Russia; all his efforts were 
directed towards gaining for them the right of citizenship in 
the eastern-most of European countries. He was the direct 
and undisputed heir of those mighty intellects that strove, a 
half-century ago, to bring Russia into a close communion with 
the West. Only, he was more fortunate than they, for within 
the limits of his lifetime came the first throes of regeneration, 
the period of Titanic struggle and suffering, so pregnant with 
the promise of future achievement. When the first beacon light 
of a new life burst into flames over Russia, Kovalevsky hastened 
back from his exile, and took his place among those who were 
fighting for the triumph of the three great principles that were 
inscribed so inspiringly upon his life-banner, the great prin- 
ciples that he himself, not the least among many others, had 
taught his countrymen to love, to cherish, to prize so dearly 
as to be ready to lose their life in a struggle for their ascendancy. 

He was destined to behold the slow dawn, and the clouds 



that dimmed its resplendent glory soon after its very first rays 
pierced the gloom. He died at the time when the clouds, grown 
darkest and blackest, were just beginning to roll away, when 
the rays of the rising sun were beginning again to make their 
way into the open, piercing the sombre shadows, when the prom- 
ise of a glorious sunrise was unmistakable on every side. His 
great body will not have been lying long in the ground when 
the sun of liberty, equality, and progress will shine forth upon 
the political and social firmament of Russia. 

II. 

Maxim Maximovich Kovalevsky was bom in 1851, in Khar- 
kov. His father was a prominent figure among the gentry of 
the district, and his many private and public duties kept 
him fully occupied, affording him very little opportunity to 
devote any attention to his son. The boy's education was left 
entirely in the hands of his mother, of whom Kovalevsky says 
in his memoirs that "this able and unusually kind woman, who 
had received a fine artistic and aesthetic education, despite her 
youth, beauty and success in society, devoted herself solely to 
the education of her son." From her and from his French and 
German tutors, who had charge of his education after he was 
eight years old, he acquired his love of the artistic, which he 
preserved all his life. In his early youth he acquired the knowl- 
edge of the French and the German languages. The knowledge 
of the English language was not acquired until he was fifteen, 
while he did not learn Italian and Spanish until he was twenty- 
eight. Of his tutors, he remembered especially the Frenchman, 
who taught him French literary and political history, mythology, 
and other subjects at a very early age. 

When he was thirteen, his father's financial affairs took a 
turn for the wVDrse, and the boy was sent to a gymnasium, enter- 
ing the fifth year. He remained at the gymnasium for four years. 
The course of study offered there did not satisfy him; in his 
efforts to master the essentials of Latin grammar and rhetoric, 
in his constant attempts to overcome his aversion to the dryness 
and inadequacy of the method as wiell as the content of the 



school work, he found himself forgetting much of the genuinely- 
interesting knowledge that he had acquired with his private 
tutors. He relates the following incident, which is extremely- 
characteristic of his recollections of this period of his life. At 
his final examinations, in answer to a question in mythology, 
he had to bring out the connection between the heroes of the 
national epics and the pagan divinities of the pre-Christian time 
in Russia. While he was speaking, a trustee of the school, the 
noted chemist Voskresensky, entered the room. Hearing that, 
according to mythology, Vladimir of the folk-songs is really the 
god of the sun, Voskresensky, burst out laughing, much to the 
discomfiture of the teachers and the professors present, and 
they hastened to inform him of his lack of knowledge in the 
field of comparative mythology. "Voskresensky's fit of laugh- 
ter," says Kovalevsky, "is the only protest I can recall against 
the nonsense with which our heads were being stuffed." 

Kovalevsky received his higher education at the University 
of Kharkov, in its Department of Law. He chose this depart- 
ment in preference to others not because his interests lay par- 
ticularly in this direction, but because the faculty of this de- 
partment was the best in the university. His most important 
work was done under Professor D. I. Kachenovsky, whose in- 
fluence, no doubt, was responsible for Kovalevsky's love for Eng- 
lish institutions and for his faith in the ultimate triumph of 
international law over militarism — a faith which was subjected 
to the severest test imaginable on the very eve of his death. 

After completing his course at the university, he went 
abroad to prepare for a professorship. He spent five years in 
Western Europe, first studying at the Universities of Paris and 
Berlin, where he worked successively on his master's and doc- 
tor's theses. Before returning to Russia, he decided to go to 
England, and provided himself with letters of recommendation 
to the leading men of the time. The wealth of material he 
found in the British Museum and in other archive repositories 
caused him to remain in England for a considerable length of 
time. The work he did there and the men with whom he as- 
sociated served to strengthen his friendly feelings towards Eng- 
landj already implanted in him during his university years. 



Kovalevsky's sojourn in Western Europe had a great forma- 
tive influence upon him. He had an opportunity to associate 
with the best men of the time, to meet the greatest speciahsts in 
the particular fields in which he was working. Karl Marx, Her- 
bert Spencer and Frederic Harrison were among the men with 
whom he came in contact in his studies. During this period, 
too, he met Turgeniev, and the two became friends. 

Soon after he returned to Russia, Kovalevsky received an 
offer to become a professor at the University of Moscow, and in 
1878 he took the chair of civil law and comparative government 
at this university. This chair he occupied until 1887. This 
period of his life was probably the most brilliant one, from the 
standpoint of academic activity. His popularity at the univer- 
sity was almost unparalleled. One of those who, though a very 
young man at the time, received his share of Kovalevsky's in- 
tellectual influence. Professor V. I. Vernadsky, characterizes in 
the following way Kovalevsky's academic activity during this 
period: "In the history of the cultured life of Moscow and of 
the Moscow University, Kovalevsky, then young, full of life, 
ideas and erudition, played an extraordinary part, which, like 
a beautiful tradition, was fully appreciated during the latest 
period of intensive life at the university, beginning with 1900 
and up to the wrecking of the university in 1911; it left deep 
traces of influences, perhaps not clear as yet, but full of sig- 
nificance to the historian." 

And yet, even at this time, mere academic activity did not 
satisfy Kovalevsky. He was essentially a man of social life, in the 
scientific meaning of this term, a man eager to take an active 
part in public life. Early in 1879 he began to edit, together with 
Professor V. Th. Miller, a monthly magazine called the Critical 
Review, devoted to scientific criticism. The magazine lasted only 
two years, and was discontinued in 1880, when Kovalevsky was 
sent by his university abroad to do additional research in his 
field. This Review carried Kovalevsky's ideas far beyond the 
walls of the university, for the magazine was eagerly read in 
all intellectual centers of the country. 

During this period, too, Kovalevsky was active in assisting 



the late V. A. Goltsev in the organization of the first Russian 
Zemstvo Councils. An ardent supporter of constitutionalism and 
self-government, he did much at this time to help formulate a 
movement in favor of constitutionalism. 

The latter part of the period of Kovalevsky's professorship 
at the University of Moscow coincided with one of the blackest 
periods in the political life of Russia. It was the time of a 
severe political reaction that set in after the assassination of 
Alexander II in 1881. For a few years the universities of Russia 
escaped the heavy hand of repression, but their turn came, too. 
The statutes of 1884 gave the Minister of Education, Delianov, 
free rein in the treatment of the higher schools of the country, 
and, in 1887, Kovalevsky found himself dismissed from the uni- 
versity without any explanation as to cause, while his chair of 
comparative government was abolished altogether. 

After this Kovalevsky could not remain in Russia. He went 
abroad again, this time for two decades. During this period 
he lived part of the time in his villa at Beaulieu, near Nice, where 
a greater part of his collection of books, numbering over twenty 
thousand volumes and now bequeathed to the Universities of 
Moscow and of Kharkov, is still kept. It was in this villa that 
Kovalevsky wrote many of his books, working over the research 
material accumulated during his younger years, and supplement- 
ing his data with new material, which he obtained in his "ex- 
cursions" to the archive repositories of Italy, Spain, and other 
countries of Europe. Part of his time was devoted to lecturing 
in London, Stockholm, and other cities of Europe, as well as in 
the United States. He also devoted much time and attention to 
the "Russian Higher School" at Paris, which was intended to 
provide higher educational opportunities to Russian youth, un- 
able, for some reason or other, to enjoy sucE opportunities in their 
native land. 

During the twenty years of his exile, Kovalevsky was really 
acting in the capacity of Russia's unofficial ambassador to the 
cultured West. The death of Turgeniev left this envious posi- 
tion the undisputed heritage of Kovalevsky, who extended the 
sphere of his activity in this direction to the transatlantic Re- 



8 

public. For two decades he stood before the world as a striking 
representative of the cultural side of Russia, a constant re- 
minder of Russia's unlimited intellectual possibilities. 

The political upheaval of 1905 brought Kovalevsky back to 
his native land. A new sun was rising over Russia, and Koval- 
evsky, who had done so much to kindle its flames, was one of the 
first to welcome the dawn. The dream of his life was at last 
about to be realized. Russia was to have the constitutional 
government for which he had yearned and pined with every 
thought of his country's political bondage. He came to Russia 
in 1906, and was elected to the first Douma. Disqualified as a 
candidate for election to the second Douma, he was elected by 
the Russian Academy and the universities as their representa- 
tive in the Upper Chamber, the Council of the Empire, where he 
remained until his death. 

Deprived, for twenty years, of active participation in the 
public life of his country, Kovalevsky, upon his return to Russia, 
seemed to be feverishly eager to make up for lost time. The 
extent and the many-sidedness of his activity is simply amazing. 
He lectured at the Petrograd University, at the Institute of 
Polytechnology, at the Psycho-neurological Institute, took an 
active part, as a member, in the work of the Academy of Arts 
and Sciences and of the Council of thei Empire, was President 
of the Free Economic Society, presided over dozens of other 
scientific bodies, was publisher and editor of the best Russian 
monthly magazine, the Viestnih Evropy, contributed to many 
scientific and general journals both in Russia and in other coun- 
tries, and was one of the editors of the Brockhaus and the Granat 
Encyclopaedias. The above list does not exhaust all the manifold 
duties that he undertook and bore cheerfully to the very end. 
In the course of the past few months his duties had increased, 
largely because of added work in connection with the War. 
While never active in politics in the ranks of any particular 
party, he took a very active part in the formation of the pro- 
gressive hloc. He was the organizer and the president of the 
Society of the English Flag, and of many other similar or- 
ganizations. 



Kovalevsky occupied a unique position in the Council of 
the Empire. From the time he entered it, he alligned himself 
with the progressive element of the upper chamber. There 
was not a single important question discussed in the Council 
without Kovalevsky's participation in the discussion, and every- 
thing he said was heard with profound attention by his friends 
and his enemies. His great name, his extensive erudition, and 
his rare powers of oratory made him one of the most welcome 
speakers on the tribune of the Council., Almost always his 
speeches were really lectures on progressive politics, and it was 
strange, indeed, to hear those ideas of civilization and progress 
in the very stronghold of Russia's reactionary tendencies in 
politics. It is true that the President of the Council often stopped 
Kovalevsky and forbade him to continue his address, and Koval- 
evsky would always resume his seat with the invariable, "I 
submit." 

The strain of all these labors could not but affect the health 
of the tireless worker, who had been ailing for some years past. 
The present War found him in a water resort of Austria, and 
he was compelled to undergo internment for several months. 
This enforced stay in the midst of the most distressing circum- 
stances of the World War also affected Kovalevsky's health. On 
March 23, 1916, he succumbed to a complication of diseases, 
among which were diabetes, gout, and heart disease. 



III. 



Kovalevsky had the rare distinction of exerting a tremen- 
dous influence over the generation whose political work culmin- 
ated in the upheaval of 1905. And this influence was exerted 
not through actual political leadership, not through any party 
affiliation, but through intellectual guidance. It may be asserted, 
with perfect correctness, that the last generation of the 
nineteenth century was brought up, politically, on Kovalevsky's 
ideas. Such political leaders as Milyoukov refer to him as their 
teacher, who had guided them to the realization of great political 
truths. The speeches delivered at Kovalevsky's grave by rep- 



10 

resentatives of every class in Russia bear ample witness to the 
unique position that this man occupied in his country. 

He was a popularizer of science, as well as its master. Be- 
sides his strictly scientific works, he wrote an enormous number 
of newspaper and magazine articles, sometimes giving, in non- 
technical language, the results of scientific investigations con- 
ducted by himself and others, sometimes writing on some great 
man with whom he had been associated, or some great event 
that he had followed with the studious and appreciative atten- 
tion of a scholar. During the past ten years, it was the charm 
of his personality, perhaps more than anything else, that en- 
deared him to the whole of cultured Russia. There was not an 
organization in the country that did not consider it the highest 
honor and the greatest inspiration to see Kovalevsky in its chair. 
And he presided over numberless meetings, as many as his other 
duties permitted. Everywhere his "fascinating soul, his keen, 
forgiving conscience, his inexhaustible kindness, his vast in- 
tellect, his unfailing readiness to serve others" brought with 
them the calm and harmony that were so woefully lacking when 
his great body and his fascinating personality were away. 

But it is as a scientist that the world outside of Russia 
knows Kovalevsky, and, as a scientist, he is no less an interesting 
figure than as a man. His scientific tendencies became evident 
quite early in life. As a young man, he was fond of making sum- 
mer excursions to different parts of southern Russia, and curios- 
ity often led him to the Caucasus, that never-failing source of 
inspiration to the great Russian poets. But it was not the 
grandeur of the mig'hty Kasbeck, nor the fascinating beauty of 
the Daryal valley, nor the indescribable charm of the leaping 
Terek that attracted Kovalevsky. From his early youth there 
was something in the apperceptive mass of his great mind that 
made him interested in man as he finds himself in hi& social 
relations, in man's social evolution. The picturesque tribes of 
the Caucasus held unconquerable fascination for young 
Kovalevsky because of their rich folklore, because of their in- 
teresting customs and laws. His excursions to the Caucasus 
were not made in the spirit of an ordinary tourist. The scientific 



11 

interest was already awake in him, and the material he gathered 
at that time, supplemented by data obtained later through sub- 
sequent investigations in the Caucasus, was very valuable to 
him as illustrative matter for his theories. 

As we have already noted, Kovalevsky began his studies 
in the department of jurisprudence, and he always retained 
a keen interest in the juridical sciences. But his eager mind re- 
fused to limit itself to the narrow bounds of a specialized inves- 
tigation. His wide reading led him to other fields. He was 
equally at home in the domains of administrative law, sociology, 
both applied and theoretical, ethnography, primitive law and 
primitive culture, history of political institutions and social 
classes, history of the development of political and social ideas, 
history of economic development. 

But first of all he was a sociologist, for his whole scientific 
outlook was based upon a historico-sociological foundation. To 
him the essence of sociology consists in a comparative study of 
the different phases of man's social, political and economic de- 
velopment. He insists especially upon this "historico-compara- 
tive" method, as he terms it, and devotes a brilliant monograph 
to its presentation. He beheves that only by gathering our ma- 
terial in the widest possible field, and comparing the results of 
our investigations, can we obtain a really adequate picture of 
any stage of man's social evolution. And human history, to him, 
is nothing but social evolution, that ever strives to reach truer 
and juster forms. 

Since evolution is determined by the interaction of social, 
political, and economic forces, the conditions of their relations 
must be ascertained, and this led Kovalevsky to extended studies 
in the domain of the history of human institutions. Hence his 
interest in ethnography, which led to valuable researches. 
These researches were mostly along the lines of primitive law, 
and therefore primitive institutions in general. In one of his 
earliest works, "The History of the Disappearance of Communal 
Landownership in Vaadt," he touches upon these questions, 
which he treats much more fully in his book, "Communal Land- 
ownership," and still more definitely in his "Historico-Compara- 



12 

tive Method." In the latter work, he divides the study of the 
history of law into two parts ; the determination of the "natural 
evolution of human society," and the study of! primitive law 
among separate groups by means of a comparative method. He 
himself followed out his method with almost perfect precision. 
In 1886 he published two works, of which one, "Primitive Law," 
was devoted to a study of the "natural evolution of human so- 
ciety," while the other, "Modem Custom and Ancient Law," 
treats of the questions of law among the Ossetins of the 
Caucasus. Four years later, he again published two works bear- 
ing the same relation to each other. One was "Tableau des 
origines et de I'evolution de la famille et de la propriete," while 
the other was a two-volume work entitled "Law and Custom in 
the Caucasus." Several of his later works are devoted to primi- 
tive institutions, and the second volume of his "Sociology" 
(1910) treats of genetic sociology, or, as the author himself de- 
fines it, "a study of the points of departure in the history of the 
family, the race, property, political rule, and psychic activity." 

"For Kovalevsky," says Professor A. Maximov, "the prob- 
lems of mere description are of secondary importance; he aims 
to give the broadest possible sociological view, that would ex- 
plain the significance and the origin of different customs, and 
give each one its place in the genetic scheme of development. 
Even in his works on the Caucasus, Kovalevsky does not attempt 
to give a systematic presentation of the law among the different 
tribes, but rather to show under what cultural influences this law 
originated and what elements in it show traces of archaic in- 
fluences. Kovalevsky aims not to gather or discover new facts, 
but to interpret those already known." Here again Kovalevsky 
remains true to the principles he laid down in his work on the 
comparative method. 

As a historian of human institutions, Kovalevsky believes 
that history is made by the minority, that thought is the guid- 
ing factor in human development, although he does not deny 
that political ideas are dependent upon the existing social and 
economic conditions. What he attempts to prove, however, is 
that ideas are not only produced by life, but exert a decided in- 



13 

fluence upon it. These views are especially prominent in three 
of his greatest works. The first of these is the "Economic De- 
velopment of Europe during the Period Preceding the Growth 
of Capitalism," a three-volume work, treating of the evolution 
of land ownership and agriculture, of industry, the condition of 
the peasant and the laboring class, as they existed in Western 
Europe during the period from the fall of the Roman Empire 
to the end of the Middle Ages. His second great work is "The 
Development of Modern Democracy," in five volumes, in which 
he treats the social and economic conditions that existed in 
France before the Revolution, the democratic legislation that 
followed, and the fall of the aristocratic republic in Venice. Fi- 
nally, his last great work of general character, which has unfort- 
unately remained unfinished, is entitled, "From Direct Popular 
Rule to Representative Government, and from Patriarchal Mon- 
archy to Parliamentarism." The title of this work is fully ex- 
pressive of the wide range of subjects that Kovalevsky intended 
to treat in this work. 

But it was not in ancient institutions alone that Kovalevsky 
was keenly interested ; modern problems were no less fascinating 
to him. The evidence of this is found not only in his articles, 
but also in his works on England and France, as well as his 
French and English works on Russia. Of the modem countries, 
England interested him most. English political evolution con- 
cerned him especially, and it was his fond hope that Russia 
might have a government that would be essentially like that of 
Great Britain. It is interesting that the subjects for both of 
his dissertations were taken from the history of English 
institutions. 

And in England, too, he was well known and appreciated. 
An excellent proof of this may be found in the fact that Kovalev- 
sky was chosen as one of the members of the Peace Tribunal 
that is to act upon all differences that may arise between Great 
Britain and the United States, as provided for by the treaty 
existing between the two countries. 



14 

Death was too hasty in carrying away from us this great 
mind before its labors were brought to a satisfactory close. 
Death is usually too hasty; it insists on coming before it is a 
welcome guest, before the completion of that perfect cycle of 
life, of which Kovalevsky's friend, Mechnikov, speaks so hope- 
fully in his studies of optimistic philosophy. And the great 
works that we cherish as the priceless possessions of mankind 
are usually fragmentary. Buckle's monumental work and 
Kovalevsky's unfinished syntheses bear ample witness to this 
lack of justice, to this incongruity in man's nature. 



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